Sen. Kimberly A. Lightford

Filed: 2/6/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1

2    AMENDMENT NO. ______. Amend Senate Bill 1 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Lifting Up
5Illinois Working Families Act.
 
6    Section 5. The Illinois Administrative Procedure Act is
7amended by changing Section 5-45 as follows:
 
8    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
9    Sec. 5-45. Emergency rulemaking.
10    (a) "Emergency" means the existence of any situation that
11any agency finds reasonably constitutes a threat to the public
12interest, safety, or welfare.
13    (b) If any agency finds that an emergency exists that
14requires adoption of a rule upon fewer days than is required by
15Section 5-40 and states in writing its reasons for that

 

 

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1finding, the agency may adopt an emergency rule without prior
2notice or hearing upon filing a notice of emergency rulemaking
3with the Secretary of State under Section 5-70. The notice
4shall include the text of the emergency rule and shall be
5published in the Illinois Register. Consent orders or other
6court orders adopting settlements negotiated by an agency may
7be adopted under this Section. Subject to applicable
8constitutional or statutory provisions, an emergency rule
9becomes effective immediately upon filing under Section 5-65 or
10at a stated date less than 10 days thereafter. The agency's
11finding and a statement of the specific reasons for the finding
12shall be filed with the rule. The agency shall take reasonable
13and appropriate measures to make emergency rules known to the
14persons who may be affected by them.
15    (c) An emergency rule may be effective for a period of not
16longer than 150 days, but the agency's authority to adopt an
17identical rule under Section 5-40 is not precluded. No
18emergency rule may be adopted more than once in any 24-month
19period, except that this limitation on the number of emergency
20rules that may be adopted in a 24-month period does not apply
21to (i) emergency rules that make additions to and deletions
22from the Drug Manual under Section 5-5.16 of the Illinois
23Public Aid Code or the generic drug formulary under Section
243.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
25emergency rules adopted by the Pollution Control Board before
26July 1, 1997 to implement portions of the Livestock Management

 

 

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1Facilities Act, (iii) emergency rules adopted by the Illinois
2Department of Public Health under subsections (a) through (i)
3of Section 2 of the Department of Public Health Act when
4necessary to protect the public's health, (iv) emergency rules
5adopted pursuant to subsection (n) of this Section, (v)
6emergency rules adopted pursuant to subsection (o) of this
7Section, or (vi) emergency rules adopted pursuant to subsection
8(c-5) of this Section. Two or more emergency rules having
9substantially the same purpose and effect shall be deemed to be
10a single rule for purposes of this Section.
11    (c-5) To facilitate the maintenance of the program of group
12health benefits provided to annuitants, survivors, and retired
13employees under the State Employees Group Insurance Act of
141971, rules to alter the contributions to be paid by the State,
15annuitants, survivors, retired employees, or any combination
16of those entities, for that program of group health benefits,
17shall be adopted as emergency rules. The adoption of those
18rules shall be considered an emergency and necessary for the
19public interest, safety, and welfare.
20    (d) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 1999 budget,
22emergency rules to implement any provision of Public Act 90-587
23or 90-588 or any other budget initiative for fiscal year 1999
24may be adopted in accordance with this Section by the agency
25charged with administering that provision or initiative,
26except that the 24-month limitation on the adoption of

 

 

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1emergency rules and the provisions of Sections 5-115 and 5-125
2do not apply to rules adopted under this subsection (d). The
3adoption of emergency rules authorized by this subsection (d)
4shall be deemed to be necessary for the public interest,
5safety, and welfare.
6    (e) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2000 budget,
8emergency rules to implement any provision of Public Act 91-24
9or any other budget initiative for fiscal year 2000 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (e). The adoption of
15emergency rules authorized by this subsection (e) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (f) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2001 budget,
20emergency rules to implement any provision of Public Act 91-712
21or any other budget initiative for fiscal year 2001 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (f). The adoption of

 

 

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1emergency rules authorized by this subsection (f) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (g) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2002 budget,
6emergency rules to implement any provision of Public Act 92-10
7or any other budget initiative for fiscal year 2002 may be
8adopted in accordance with this Section by the agency charged
9with administering that provision or initiative, except that
10the 24-month limitation on the adoption of emergency rules and
11the provisions of Sections 5-115 and 5-125 do not apply to
12rules adopted under this subsection (g). The adoption of
13emergency rules authorized by this subsection (g) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16    (h) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2003 budget,
18emergency rules to implement any provision of Public Act 92-597
19or any other budget initiative for fiscal year 2003 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (h). The adoption of
25emergency rules authorized by this subsection (h) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (i) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2004 budget,
4emergency rules to implement any provision of Public Act 93-20
5or any other budget initiative for fiscal year 2004 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (i). The adoption of
11emergency rules authorized by this subsection (i) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (j) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162005 budget as provided under the Fiscal Year 2005 Budget
17Implementation (Human Services) Act, emergency rules to
18implement any provision of the Fiscal Year 2005 Budget
19Implementation (Human Services) Act may be adopted in
20accordance with this Section by the agency charged with
21administering that provision, except that the 24-month
22limitation on the adoption of emergency rules and the
23provisions of Sections 5-115 and 5-125 do not apply to rules
24adopted under this subsection (j). The Department of Public Aid
25may also adopt rules under this subsection (j) necessary to
26administer the Illinois Public Aid Code and the Children's

 

 

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1Health Insurance Program Act. The adoption of emergency rules
2authorized by this subsection (j) shall be deemed to be
3necessary for the public interest, safety, and welfare.
4    (k) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62006 budget, emergency rules to implement any provision of
7Public Act 94-48 or any other budget initiative for fiscal year
82006 may be adopted in accordance with this Section by the
9agency charged with administering that provision or
10initiative, except that the 24-month limitation on the adoption
11of emergency rules and the provisions of Sections 5-115 and
125-125 do not apply to rules adopted under this subsection (k).
13The Department of Healthcare and Family Services may also adopt
14rules under this subsection (k) necessary to administer the
15Illinois Public Aid Code, the Senior Citizens and Persons with
16Disabilities Property Tax Relief Act, the Senior Citizens and
17Disabled Persons Prescription Drug Discount Program Act (now
18the Illinois Prescription Drug Discount Program Act), and the
19Children's Health Insurance Program Act. The adoption of
20emergency rules authorized by this subsection (k) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (l) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252007 budget, the Department of Healthcare and Family Services
26may adopt emergency rules during fiscal year 2007, including

 

 

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1rules effective July 1, 2007, in accordance with this
2subsection to the extent necessary to administer the
3Department's responsibilities with respect to amendments to
4the State plans and Illinois waivers approved by the federal
5Centers for Medicare and Medicaid Services necessitated by the
6requirements of Title XIX and Title XXI of the federal Social
7Security Act. The adoption of emergency rules authorized by
8this subsection (l) shall be deemed to be necessary for the
9public interest, safety, and welfare.
10    (m) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122008 budget, the Department of Healthcare and Family Services
13may adopt emergency rules during fiscal year 2008, including
14rules effective July 1, 2008, in accordance with this
15subsection to the extent necessary to administer the
16Department's responsibilities with respect to amendments to
17the State plans and Illinois waivers approved by the federal
18Centers for Medicare and Medicaid Services necessitated by the
19requirements of Title XIX and Title XXI of the federal Social
20Security Act. The adoption of emergency rules authorized by
21this subsection (m) shall be deemed to be necessary for the
22public interest, safety, and welfare.
23    (n) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252010 budget, emergency rules to implement any provision of
26Public Act 96-45 or any other budget initiative authorized by

 

 

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1the 96th General Assembly for fiscal year 2010 may be adopted
2in accordance with this Section by the agency charged with
3administering that provision or initiative. The adoption of
4emergency rules authorized by this subsection (n) shall be
5deemed to be necessary for the public interest, safety, and
6welfare. The rulemaking authority granted in this subsection
7(n) shall apply only to rules promulgated during Fiscal Year
82010.
9    (o) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112011 budget, emergency rules to implement any provision of
12Public Act 96-958 or any other budget initiative authorized by
13the 96th General Assembly for fiscal year 2011 may be adopted
14in accordance with this Section by the agency charged with
15administering that provision or initiative. The adoption of
16emergency rules authorized by this subsection (o) is deemed to
17be necessary for the public interest, safety, and welfare. The
18rulemaking authority granted in this subsection (o) applies
19only to rules promulgated on or after July 1, 2010 (the
20effective date of Public Act 96-958) through June 30, 2011.
21    (p) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 97-689,
23emergency rules to implement any provision of Public Act 97-689
24may be adopted in accordance with this subsection (p) by the
25agency charged with administering that provision or
26initiative. The 150-day limitation of the effective period of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p), and the effective period may continue through
3June 30, 2013. The 24-month limitation on the adoption of
4emergency rules does not apply to rules adopted under this
5subsection (p). The adoption of emergency rules authorized by
6this subsection (p) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (q) In order to provide for the expeditious and timely
9implementation of the provisions of Articles 7, 8, 9, 11, and
1012 of Public Act 98-104, emergency rules to implement any
11provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
12may be adopted in accordance with this subsection (q) by the
13agency charged with administering that provision or
14initiative. The 24-month limitation on the adoption of
15emergency rules does not apply to rules adopted under this
16subsection (q). The adoption of emergency rules authorized by
17this subsection (q) is deemed to be necessary for the public
18interest, safety, and welfare.
19    (r) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 98-651,
21emergency rules to implement Public Act 98-651 may be adopted
22in accordance with this subsection (r) by the Department of
23Healthcare and Family Services. The 24-month limitation on the
24adoption of emergency rules does not apply to rules adopted
25under this subsection (r). The adoption of emergency rules
26authorized by this subsection (r) is deemed to be necessary for

 

 

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1the public interest, safety, and welfare.
2    (s) In order to provide for the expeditious and timely
3implementation of the provisions of Sections 5-5b.1 and 5A-2 of
4the Illinois Public Aid Code, emergency rules to implement any
5provision of Section 5-5b.1 or Section 5A-2 of the Illinois
6Public Aid Code may be adopted in accordance with this
7subsection (s) by the Department of Healthcare and Family
8Services. The rulemaking authority granted in this subsection
9(s) shall apply only to those rules adopted prior to July 1,
102015. Notwithstanding any other provision of this Section, any
11emergency rule adopted under this subsection (s) shall only
12apply to payments made for State fiscal year 2015. The adoption
13of emergency rules authorized by this subsection (s) is deemed
14to be necessary for the public interest, safety, and welfare.
15    (t) In order to provide for the expeditious and timely
16implementation of the provisions of Article II of Public Act
1799-6, emergency rules to implement the changes made by Article
18II of Public Act 99-6 to the Emergency Telephone System Act may
19be adopted in accordance with this subsection (t) by the
20Department of State Police. The rulemaking authority granted in
21this subsection (t) shall apply only to those rules adopted
22prior to July 1, 2016. The 24-month limitation on the adoption
23of emergency rules does not apply to rules adopted under this
24subsection (t). The adoption of emergency rules authorized by
25this subsection (t) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (u) In order to provide for the expeditious and timely
2implementation of the provisions of the Burn Victims Relief
3Act, emergency rules to implement any provision of the Act may
4be adopted in accordance with this subsection (u) by the
5Department of Insurance. The rulemaking authority granted in
6this subsection (u) shall apply only to those rules adopted
7prior to December 31, 2015. The adoption of emergency rules
8authorized by this subsection (u) is deemed to be necessary for
9the public interest, safety, and welfare.
10    (v) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 99-516,
12emergency rules to implement Public Act 99-516 may be adopted
13in accordance with this subsection (v) by the Department of
14Healthcare and Family Services. The 24-month limitation on the
15adoption of emergency rules does not apply to rules adopted
16under this subsection (v). The adoption of emergency rules
17authorized by this subsection (v) is deemed to be necessary for
18the public interest, safety, and welfare.
19    (w) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 99-796,
21emergency rules to implement the changes made by Public Act
2299-796 may be adopted in accordance with this subsection (w) by
23the Adjutant General. The adoption of emergency rules
24authorized by this subsection (w) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (x) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 99-906,
2emergency rules to implement subsection (i) of Section 16-115D,
3subsection (g) of Section 16-128A, and subsection (a) of
4Section 16-128B of the Public Utilities Act may be adopted in
5accordance with this subsection (x) by the Illinois Commerce
6Commission. The rulemaking authority granted in this
7subsection (x) shall apply only to those rules adopted within
8180 days after June 1, 2017 (the effective date of Public Act
999-906). The adoption of emergency rules authorized by this
10subsection (x) is deemed to be necessary for the public
11interest, safety, and welfare.
12    (y) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 100-23,
14emergency rules to implement the changes made by Public Act
15100-23 to Section 4.02 of the Illinois Act on the Aging,
16Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
17Section 55-30 of the Alcoholism and Other Drug Abuse and
18Dependency Act, and Sections 74 and 75 of the Mental Health and
19Developmental Disabilities Administrative Act may be adopted
20in accordance with this subsection (y) by the respective
21Department. The adoption of emergency rules authorized by this
22subsection (y) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (z) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 100-554,
26emergency rules to implement the changes made by Public Act

 

 

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1100-554 to Section 4.7 of the Lobbyist Registration Act may be
2adopted in accordance with this subsection (z) by the Secretary
3of State. The adoption of emergency rules authorized by this
4subsection (z) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (aa) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5, 5A,
812, and 14 of the Illinois Public Aid Code under the provisions
9of Public Act 100-581, the Department of Healthcare and Family
10Services may adopt emergency rules in accordance with this
11subsection (aa). The 24-month limitation on the adoption of
12emergency rules does not apply to rules to initially implement
13the changes made to Articles 5, 5A, 12, and 14 of the Illinois
14Public Aid Code adopted under this subsection (aa). The
15adoption of emergency rules authorized by this subsection (aa)
16is deemed to be necessary for the public interest, safety, and
17welfare.
18    (bb) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 100-587,
20emergency rules to implement the changes made by Public Act
21100-587 to Section 4.02 of the Illinois Act on the Aging,
22Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
23subsection (b) of Section 55-30 of the Alcoholism and Other
24Drug Abuse and Dependency Act, Section 5-104 of the Specialized
25Mental Health Rehabilitation Act of 2013, and Section 75 and
26subsection (b) of Section 74 of the Mental Health and

 

 

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1Developmental Disabilities Administrative Act may be adopted
2in accordance with this subsection (bb) by the respective
3Department. The adoption of emergency rules authorized by this
4subsection (bb) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (cc) In order to provide for the expeditious and timely
7implementation of the provisions of Public Act 100-587,
8emergency rules may be adopted in accordance with this
9subsection (cc) to implement the changes made by Public Act
10100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
11Pension Code by the Board created under Article 14 of the Code;
12Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
13the Board created under Article 15 of the Code; and Sections
1416-190.5 and 16-190.6 of the Illinois Pension Code by the Board
15created under Article 16 of the Code. The adoption of emergency
16rules authorized by this subsection (cc) is deemed to be
17necessary for the public interest, safety, and welfare.
18    (dd) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 100-864,
20emergency rules to implement the changes made by Public Act
21100-864 to Section 3.35 of the Newborn Metabolic Screening Act
22may be adopted in accordance with this subsection (dd) by the
23Secretary of State. The adoption of emergency rules authorized
24by this subsection (dd) is deemed to be necessary for the
25public interest, safety, and welfare.
26    (ee) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of this amendatory Act of the
2100th General Assembly, emergency rules implementing the
3Illinois Underground Natural Gas Storage Safety Act may be
4adopted in accordance with this subsection by the Department of
5Natural Resources. The adoption of emergency rules authorized
6by this subsection is deemed to be necessary for the public
7interest, safety, and welfare.
8    (ff) In order to provide for the expeditious and timely
9implementation of the provisions of this amendatory Act of the
10101st General Assembly, emergency rules may be adopted by the
11Department of Labor in accordance with this subsection (ff) to
12implement the changes made by this amendatory Act of the 101st
13General Assembly to the Minimum Wage Law. The adoption of
14emergency rules authorized by this subsection (ff) is deemed to
15be necessary for the public interest, safety, and welfare.
16(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
17eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
1899-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
19100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
203-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
21100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
228-14-18; 100-1172, eff. 1-4-19.)
 
23    Section 10. The Illinois Income Tax Act is amended by
24changing Section 704A as follows:
 

 

 

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1    (35 ILCS 5/704A)
2    Sec. 704A. Employer's return and payment of tax withheld.
3    (a) In general, every employer who deducts and withholds or
4is required to deduct and withhold tax under this Act on or
5after January 1, 2008 shall make those payments and returns as
6provided in this Section.
7    (b) Returns. Every employer shall, in the form and manner
8required by the Department, make returns with respect to taxes
9withheld or required to be withheld under this Article 7 for
10each quarter beginning on or after January 1, 2008, on or
11before the last day of the first month following the close of
12that quarter.
13    (c) Payments. With respect to amounts withheld or required
14to be withheld on or after January 1, 2008:
15        (1) Semi-weekly payments. For each calendar year, each
16    employer who withheld or was required to withhold more than
17    $12,000 during the one-year period ending on June 30 of the
18    immediately preceding calendar year, payment must be made:
19            (A) on or before each Friday of the calendar year,
20        for taxes withheld or required to be withheld on the
21        immediately preceding Saturday, Sunday, Monday, or
22        Tuesday;
23            (B) on or before each Wednesday of the calendar
24        year, for taxes withheld or required to be withheld on
25        the immediately preceding Wednesday, Thursday, or
26        Friday.

 

 

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1        Beginning with calendar year 2011, payments made under
2    this paragraph (1) of subsection (c) must be made by
3    electronic funds transfer.
4        (2) Semi-weekly payments. Any employer who withholds
5    or is required to withhold more than $12,000 in any quarter
6    of a calendar year is required to make payments on the
7    dates set forth under item (1) of this subsection (c) for
8    each remaining quarter of that calendar year and for the
9    subsequent calendar year.
10        (3) Monthly payments. Each employer, other than an
11    employer described in items (1) or (2) of this subsection,
12    shall pay to the Department, on or before the 15th day of
13    each month the taxes withheld or required to be withheld
14    during the immediately preceding month.
15        (4) Payments with returns. Each employer shall pay to
16    the Department, on or before the due date for each return
17    required to be filed under this Section, any tax withheld
18    or required to be withheld during the period for which the
19    return is due and not previously paid to the Department.
20    (d) Regulatory authority. The Department may, by rule:
21        (1) Permit employers, in lieu of the requirements of
22    subsections (b) and (c), to file annual returns due on or
23    before January 31 of the year for taxes withheld or
24    required to be withheld during the previous calendar year
25    and, if the aggregate amounts required to be withheld by
26    the employer under this Article 7 (other than amounts

 

 

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1    required to be withheld under Section 709.5) do not exceed
2    $1,000 for the previous calendar year, to pay the taxes
3    required to be shown on each such return no later than the
4    due date for such return.
5        (2) Provide that any payment required to be made under
6    subsection (c)(1) or (c)(2) is deemed to be timely to the
7    extent paid by electronic funds transfer on or before the
8    due date for deposit of federal income taxes withheld from,
9    or federal employment taxes due with respect to, the wages
10    from which the Illinois taxes were withheld.
11        (3) Designate one or more depositories to which payment
12    of taxes required to be withheld under this Article 7 must
13    be paid by some or all employers.
14        (4) Increase the threshold dollar amounts at which
15    employers are required to make semi-weekly payments under
16    subsection (c)(1) or (c)(2).
17    (e) Annual return and payment. Every employer who deducts
18and withholds or is required to deduct and withhold tax from a
19person engaged in domestic service employment, as that term is
20defined in Section 3510 of the Internal Revenue Code, may
21comply with the requirements of this Section with respect to
22such employees by filing an annual return and paying the taxes
23required to be deducted and withheld on or before the 15th day
24of the fourth month following the close of the employer's
25taxable year. The Department may allow the employer's return to
26be submitted with the employer's individual income tax return

 

 

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1or to be submitted with a return due from the employer under
2Section 1400.2 of the Unemployment Insurance Act.
3    (f) Magnetic media and electronic filing. With respect to
4taxes withheld in calendar years prior to 2017, any W-2 Form
5that, under the Internal Revenue Code and regulations
6promulgated thereunder, is required to be submitted to the
7Internal Revenue Service on magnetic media or electronically
8must also be submitted to the Department on magnetic media or
9electronically for Illinois purposes, if required by the
10Department.
11    With respect to taxes withheld in 2017 and subsequent
12calendar years, the Department may, by rule, require that any
13return (including any amended return) under this Section and
14any W-2 Form that is required to be submitted to the Department
15must be submitted on magnetic media or electronically.
16    The due date for submitting W-2 Forms shall be as
17prescribed by the Department by rule.
18    (g) For amounts deducted or withheld after December 31,
192009, a taxpayer who makes an election under subsection (f) of
20Section 5-15 of the Economic Development for a Growing Economy
21Tax Credit Act for a taxable year shall be allowed a credit
22against payments due under this Section for amounts withheld
23during the first calendar year beginning after the end of that
24taxable year equal to the amount of the credit for the
25incremental income tax attributable to full-time employees of
26the taxpayer awarded to the taxpayer by the Department of

 

 

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1Commerce and Economic Opportunity under the Economic
2Development for a Growing Economy Tax Credit Act for the
3taxable year and credits not previously claimed and allowed to
4be carried forward under Section 211(4) of this Act as provided
5in subsection (f) of Section 5-15 of the Economic Development
6for a Growing Economy Tax Credit Act. The credit or credits may
7not reduce the taxpayer's obligation for any payment due under
8this Section to less than zero. If the amount of the credit or
9credits exceeds the total payments due under this Section with
10respect to amounts withheld during the calendar year, the
11excess may be carried forward and applied against the
12taxpayer's liability under this Section in the succeeding
13calendar years as allowed to be carried forward under paragraph
14(4) of Section 211 of this Act. The credit or credits shall be
15applied to the earliest year for which there is a tax
16liability. If there are credits from more than one taxable year
17that are available to offset a liability, the earlier credit
18shall be applied first. Each employer who deducts and withholds
19or is required to deduct and withhold tax under this Act and
20who retains income tax withholdings under subsection (f) of
21Section 5-15 of the Economic Development for a Growing Economy
22Tax Credit Act must make a return with respect to such taxes
23and retained amounts in the form and manner that the
24Department, by rule, requires and pay to the Department or to a
25depositary designated by the Department those withheld taxes
26not retained by the taxpayer. For purposes of this subsection

 

 

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1(g), the term taxpayer shall include taxpayer and members of
2the taxpayer's unitary business group as defined under
3paragraph (27) of subsection (a) of Section 1501 of this Act.
4This Section is exempt from the provisions of Section 250 of
5this Act. No credit awarded under the Economic Development for
6a Growing Economy Tax Credit Act for agreements entered into on
7or after January 1, 2015 may be credited against payments due
8under this Section.
9    (h) An employer may claim a credit against payments due
10under this Section for amounts withheld during the first
11calendar year ending after the date on which a tax credit
12certificate was issued under Section 35 of the Small Business
13Job Creation Tax Credit Act. The credit shall be equal to the
14amount shown on the certificate, but may not reduce the
15taxpayer's obligation for any payment due under this Section to
16less than zero. If the amount of the credit exceeds the total
17payments due under this Section with respect to amounts
18withheld during the calendar year, the excess may be carried
19forward and applied against the taxpayer's liability under this
20Section in the 5 succeeding calendar years. The credit shall be
21applied to the earliest year for which there is a tax
22liability. If there are credits from more than one calendar
23year that are available to offset a liability, the earlier
24credit shall be applied first. This Section is exempt from the
25provisions of Section 250 of this Act.
26    (i) Each employer with 50 or fewer full-time equivalent

 

 

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1employees during the reporting period may claim a credit
2against the payments due under this Section for each qualified
3employee in an amount equal to the maximum credit allowable.
4The credit may be taken against payments due for reporting
5periods that begin on or after January 1, 2020, and end on or
6before December 31, 2027. An employer may not claim a credit
7for an employee who has worked fewer than 90 consecutive days
8immediately preceding the reporting period; however, such
9credits may accrue during that 90-day period and be claimed
10against payments under this Section for future reporting
11periods after the employee has worked for the employer at least
1290 consecutive days. In no event may the credit exceed the
13employer's liability for the reporting period. Each employer
14who deducts and withholds or is required to deduct and withhold
15tax under this Act and who retains income tax withholdings
16under this subsection must make a return with respect to such
17taxes and retained amounts in the form and manner that the
18Department, by rule, requires and pay to the Department or to a
19depositary designated by the Department those withheld taxes
20not retained by the employer.
21    For each reporting period, the employer may not claim a
22credit or credits for more employees than the number of
23employees making less than the minimum or reduced wage for the
24current calendar year during the last reporting period of the
25preceding calendar year. Notwithstanding any other provision
26of this subsection, an employer shall not be eligible for

 

 

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1credits for a reporting period unless the average wage paid by
2the employer per employee for all employees making less than
3$55,000 during the reporting period is greater than the average
4wage paid by the employer per employee for all employees making
5less than $55,000 during the same reporting period of the prior
6calendar year.
7    For purposes of this subsection (i):
8    "Compensation paid in Illinois" has the meaning ascribed to
9that term under Section 304(a)(2)(B) of this Act.
10    "Employer" and "employee" have the meaning ascribed to
11those terms in the Minimum Wage Law, except that "employee"
12also includes employees who work for an employer with fewer
13than 4 employees. Employers that operate more than one
14establishment pursuant to a franchise agreement or that
15constitute members of a unitary business group shall aggregate
16their employees for purposes of determining eligibility for the
17credit.
18    "Full-time equivalent employees" means the ratio of the
19number of paid hours during the reporting period and the number
20of working hours in that period.
21    "Maximum credit" means the percentage listed below of the
22difference between the amount of compensation paid in Illinois
23to employees who are paid not more than the required minimum
24wage reduced by the amount of compensation paid in Illinois to
25employees who were paid less than the current required minimum
26wage during the reporting period prior to each increase in the

 

 

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1required minimum wage on January 1. If an employer pays an
2employee more than the required minimum wage and that employee
3previously earned less than the required minimum wage, the
4employer may include the portion that does not exceed the
5required minimum wage as compensation paid in Illinois to
6employees who are paid not more than the required minimum wage.
7        (1) 25% for reporting periods beginning on or after
8    January 1, 2020 and ending on or before December 31, 2020;
9        (2) 21% for reporting periods beginning on or after
10    January 1, 2021 and ending on or before December 31, 2021;
11        (3) 17% for reporting periods beginning on or after
12    January 1, 2022 and ending on or before December 31, 2022;
13        (4) 13% for reporting periods beginning on or after
14    January 1, 2023 and ending on or before December 31, 2023;
15        (5) 9% for reporting periods beginning on or after
16    January 1, 2024 and ending on or before December 31, 2024;
17        (6) 5% for reporting periods beginning on or after
18    January 1, 2025 and ending on or before December 31, 2025.
19    The amount computed under this subsection may continue to
20be claimed for reporting periods beginning on or after January
211, 2026 and:
22        (A) ending on or before December 31, 2026 for employers
23    with more than 5 employees; or
24        (B) ending on or before December 31, 2027 for employers
25    with no more than 5 employees.
26    "Qualified employee" means an employee who is paid not more

 

 

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1than the required minimum wage and has an average wage paid per
2hour by the employer during the reporting period equal to or
3greater than his or her average wage paid per hour by the
4employer during each reporting period for the immediately
5preceding 12 months. A new qualified employee is deemed to have
6earned the required minimum wage in the preceding reporting
7period.
8    "Reporting period" means the quarter for which a return is
9required to be filed under subsection (b) of this Section.
10(Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17;
11100-863, eff. 8-14-18.)
 
12    Section 15. The Minimum Wage Law is amended by changing
13Sections 4, 7, 10, 11, and 12 as follows:
 
14    (820 ILCS 105/4)  (from Ch. 48, par. 1004)
15    Sec. 4. (a)(1) Every employer shall pay to each of his
16employees in every occupation wages of not less than $2.30 per
17hour or in the case of employees under 18 years of age wages of
18not less than $1.95 per hour, except as provided in Sections 5
19and 6 of this Act, and on and after January 1, 1984, every
20employer shall pay to each of his employees in every occupation
21wages of not less than $2.65 per hour or in the case of
22employees under 18 years of age wages of not less than $2.25
23per hour, and on and after October 1, 1984 every employer shall
24pay to each of his employees in every occupation wages of not

 

 

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1less than $3.00 per hour or in the case of employees under 18
2years of age wages of not less than $2.55 per hour, and on or
3after July 1, 1985 every employer shall pay to each of his
4employees in every occupation wages of not less than $3.35 per
5hour or in the case of employees under 18 years of age wages of
6not less than $2.85 per hour, and from January 1, 2004 through
7December 31, 2004 every employer shall pay to each of his or
8her employees who is 18 years of age or older in every
9occupation wages of not less than $5.50 per hour, and from
10January 1, 2005 through June 30, 2007 every employer shall pay
11to each of his or her employees who is 18 years of age or older
12in every occupation wages of not less than $6.50 per hour, and
13from July 1, 2007 through June 30, 2008 every employer shall
14pay to each of his or her employees who is 18 years of age or
15older in every occupation wages of not less than $7.50 per
16hour, and from July 1, 2008 through June 30, 2009 every
17employer shall pay to each of his or her employees who is 18
18years of age or older in every occupation wages of not less
19than $7.75 per hour, and from July 1, 2009 through June 30,
202010 every employer shall pay to each of his or her employees
21who is 18 years of age or older in every occupation wages of
22not less than $8.00 per hour, and from on and after July 1,
232010 through December 31, 2019 every employer shall pay to each
24of his or her employees who is 18 years of age or older in every
25occupation wages of not less than $8.25 per hour, and from
26January 1, 2020 through June 30, 2020, every employer shall pay

 

 

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1to each of his or her employees who is 18 years of age or older
2in every occupation wages of not less than $9.25 per hour, and
3from July 1, 2020 through December 31, 2020 every employer
4shall pay to each of his or her employees who is 18 years of age
5or older in every occupation wages of not less than $10 per
6hour, and from January 1, 2021 through December 31, 2021 every
7employer shall pay to each of his or her employees who is 18
8years of age or older in every occupation wages of not less
9than $11 per hour, and from January 1, 2022 through December
1031, 2022 every employer shall pay to each of his or her
11employees who is 18 years of age or older in every occupation
12wages of not less than $12 per hour, and from January 1, 2023
13through December 31, 2023 every employer shall pay to each of
14his or her employees who is 18 years of age or older in every
15occupation wages of not less than $13 per hour, and from
16January 1, 2024 through December 31, 2024, every employer shall
17pay to each of his or her employees who is 18 years of age or
18older in every occupation wages of not less than $14 per hour;
19and on and after January 1, 2025, every employer shall pay to
20each of his or her employees who is 18 years of age or older in
21every occupation wages of not less than $15 per hour.
22    (2) Unless an employee's wages are reduced under Section 6,
23then in lieu of the rate prescribed in item (1) of this
24subsection (a), an employer may pay an employee who is 18 years
25of age or older, during the first 90 consecutive calendar days
26after the employee is initially employed by the employer, a

 

 

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1wage that is not more than 50 less than the wage prescribed in
2item (1) of this subsection (a); however, an employer shall pay
3not less than the rate prescribed in item (1) of this
4subsection (a) to:
5        (A) a day or temporary laborer, as defined in Section 5
6    of the Day and Temporary Labor Services Act, who is 18
7    years of age or older; and
8        (B) an employee who is 18 years of age or older and
9    whose employment is occasional or irregular and requires
10    not more than 90 days to complete.
11    (3) At no time on or before December 31, 2019 shall the
12wages paid to any employee under 18 years of age be more than
1350 less than the wage required to be paid to employees who are
14at least 18 years of age under item (1) of this subsection (a).
15Beginning on January 1, 2020, every employer shall pay to each
16of his or her employees who is under 18 years of age that has
17worked more than 650 hours for the employer during any calendar
18year a wage not less than the wage required for employees who
19are 18 years of age or older under paragraph (1) of subsection
20(a) of Section 4 of this Act. Every employer shall pay to each
21of his or her employees who is under 18 years of age that has
22not worked more than 650 hours for the employer during any
23calendar year: (1) $8 per hour from January 1, 2020 through
24December 31, 2020; (2) $8.50 per hour from January 1, 2021
25through December 31, 2021; (3) $9.25 per hour from January 1,
262022 through December 31, 2022; (4) $10.50 per hour from

 

 

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1January 1, 2023 through December 31, 2023; (5) $12 per hour
2from January 1, 2024 through December 31, 2024; and (6) $13 per
3hour on and after January 1, 2025.
4    (b) No employer shall discriminate between employees on the
5basis of sex or mental or physical disability, except as
6otherwise provided in this Act by paying wages to employees at
7a rate less than the rate at which he pays wages to employees
8for the same or substantially similar work on jobs the
9performance of which requires equal skill, effort, and
10responsibility, and which are performed under similar working
11conditions, except where such payment is made pursuant to (1) a
12seniority system; (2) a merit system; (3) a system which
13measures earnings by quantity or quality of production; or (4)
14a differential based on any other factor other than sex or
15mental or physical disability, except as otherwise provided in
16this Act.
17    (c) Every employer of an employee engaged in an occupation
18in which gratuities have customarily and usually constituted
19and have been recognized as part of the remuneration for hire
20purposes is entitled to an allowance for gratuities as part of
21the hourly wage rate provided in Section 4, subsection (a) in
22an amount not to exceed 40% of the applicable minimum wage
23rate. The Director shall require each employer desiring an
24allowance for gratuities to provide substantial evidence that
25the amount claimed, which may not exceed 40% of the applicable
26minimum wage rate, was received by the employee in the period

 

 

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1for which the claim of exemption is made, and no part thereof
2was returned to the employer.
3    (d) No camp counselor who resides on the premises of a
4seasonal camp of an organized not-for-profit corporation shall
5be subject to the adult minimum wage if the camp counselor (1)
6works 40 or more hours per week, and (2) receives a total
7weekly salary of not less than the adult minimum wage for a
840-hour week. If the counselor works less than 40 hours per
9week, the counselor shall be paid the minimum hourly wage for
10each hour worked. Every employer of a camp counselor under this
11subsection is entitled to an allowance for meals and lodging as
12part of the hourly wage rate provided in Section 4, subsection
13(a), in an amount not to exceed 25% of the minimum wage rate.
14    (e) A camp counselor employed at a day camp is not subject
15to the adult minimum wage if the camp counselor is paid a
16stipend on a onetime or periodic basis and, if the camp
17counselor is a minor, the minor's parent, guardian or other
18custodian has consented in writing to the terms of payment
19before the commencement of such employment.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (820 ILCS 105/7)  (from Ch. 48, par. 1007)
22    Sec. 7. The Director or his authorized representatives have
23the authority to:
24    (a) Investigate and gather data regarding the wages, hours
25and other conditions and practices of employment in any

 

 

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1industry subject to this Act, and may enter and inspect such
2places and such records (and make such transcriptions thereof)
3at reasonable times during regular business hours, not
4including lunch time at a restaurant, question such employees,
5and investigate such facts, conditions, practices or matters as
6he may deem necessary or appropriate to determine whether any
7person has violated any provision of this Act, or which may aid
8in the enforcement of this Act.
9    (b) Require from any employer full and correct statements
10and reports in writing, including sworn statements, at such
11times as the Director may deem necessary, of the wages, hours,
12names, addresses, and other information pertaining to his
13employees as he may deem necessary for the enforcement of this
14Act.
15    (c) Require by subpoena the attendance and testimony of
16witnesses and the production of all books, records, and other
17evidence relative to a matter under investigation or hearing.
18The subpoena shall be signed and issued by the Director or his
19or her authorized representative. If a person fails to comply
20with any subpoena lawfully issued under this Section or a
21witness refuses to produce evidence or testify to any matter
22regarding which he or she may be lawfully interrogated, the
23court may, upon application of the Director or his or her
24authorized representative, compel obedience by proceedings for
25contempt.
26    (d) Make random audits of employers in any industry subject

 

 

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1to this Act to determine compliance with this Act.
2(Source: P.A. 94-1025, eff. 7-14-06.)
 
3    (820 ILCS 105/10)  (from Ch. 48, par. 1010)
4    Sec. 10. (a) The Director shall make and revise
5administrative regulations, including definitions of terms, as
6he deems appropriate to carry out the purposes of this Act, to
7prevent the circumvention or evasion thereof, and to safeguard
8the minimum wage established by the Act. Regulations governing
9employment of learners may be issued only after notice and
10opportunity for public hearing, as provided in subsection (c)
11of this Section.
12    (b) In order to prevent curtailment of opportunities for
13employment, avoid undue hardship, and safeguard the minimum
14wage rate under this Act, the Director may also issue
15regulations providing for the employment of workers with
16disabilities at wages lower than the wage rate applicable under
17this Act, under permits and for such periods of time as
18specified therein; and providing for the employment of learners
19at wages lower than the wage rate applicable under this Act.
20However, such regulation shall not permit lower wages for
21persons with disabilities on any basis that is unrelated to
22such person's ability resulting from his disability, and such
23regulation may be issued only after notice and opportunity for
24public hearing as provided in subsection (c) of this Section.
25    (c) Prior to the adoption, amendment or repeal of any rule

 

 

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1or regulation by the Director under this Act, except
2regulations which concern only the internal management of the
3Department of Labor and do not affect any public right provided
4by this Act, the Director shall give proper notice to persons
5in any industry or occupation that may be affected by the
6proposed rule or regulation, and hold a public hearing on his
7proposed action at which any such affected person, or his duly
8authorized representative, may attend and testify or present
9other evidence for or against such proposed rule or regulation.
10Rules and regulations adopted under this Section shall be filed
11with the Secretary of State in compliance with "An Act
12concerning administrative rules", as now or hereafter amended.
13Such adopted and filed rules and regulations shall become
14effective 10 days after copies thereof have been mailed by the
15Department to persons in industries affected thereby at their
16last known address.
17    (d) The commencement of proceedings by any person aggrieved
18by an administrative regulation issued under this Act does not,
19unless specifically ordered by the Court, operate as a stay of
20that administrative regulation against other persons. The
21Court shall not grant any stay of an administrative regulation
22unless the person complaining of such regulation files in the
23Court an undertaking with a surety or sureties satisfactory to
24the Court for the payment to the employees affected by the
25regulation, in the event such regulation is affirmed, of the
26amount by which the compensation such employees are entitled to

 

 

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1receive under the regulation exceeds the compensation they
2actually receive while such stay is in effect.
3    (e) The Department may adopt emergency rules in accordance
4with Section 5-45 of the Illinois Administrative Procedure Act
5to implement the changes made by this amendatory Act of the
6101st General Assembly.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    (820 ILCS 105/11)  (from Ch. 48, par. 1011)
9    Sec. 11. (a) Any employer or his agent, or the officer or
10agent of any private employer who:
11        (1) hinders or delays the Director or his authorized
12    representative in the performance of his duties in the
13    enforcement of this Act; or
14        (2) refuses to admit the Director or his authorized
15    representative to any place of employment; or
16        (3) fails to keep the records required under this Act
17    or to furnish such records required or any information to
18    be furnished under this Act to the Director or his
19    authorized representative upon request; or
20        (4) fails to make and preserve any records as required
21    hereunder; or
22        (5) falsifies any such record; or
23        (6) refuses to make such records available to the
24    Director or his authorized representative; or
25        (7) refuses to furnish a sworn statement of such

 

 

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1    records or any other information required for the proper
2    enforcement of this Act; or
3        (8) fails to post a summary of this Act or a copy of
4    any applicable regulation as required by Section 9 of this
5    Act;
6shall be guilty of a Class B misdemeanor; and each day of such
7failure to keep the records required under this Act or to
8furnish such records or information to the Director or his
9authorized representative or to fail to post information as
10required herein constitutes a separate offense. Any such
11employer who fails to keep payroll records as required by this
12Act shall be liable to the Department for a penalty of $100 per
13impacted employee, payable to the Department's Wage Theft
14Enforcement Fund.
15    (b) Any employer or his agent, or the officer or agent of
16any private employer, who pays or agrees to pay to any employee
17wages at a rate less than the rate applicable under this Act or
18of any regulation issued under this Act is guilty of a Class B
19misdemeanor, and each week on any day of which such employee is
20paid less than the wage rate applicable under this Act
21constitutes a separate offense.
22    (c) Any employer or his agent, or the officer or agent of
23any private employer, who discharges or in any other manner
24discriminates against any employee because that employee has
25made a complaint to his employer, or to the Director or his
26authorized representative, that he has not been paid wages in

 

 

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1accordance with the provisions of this Act, or because that
2employee has caused to be instituted or is about to cause to be
3instituted any proceeding under or related to this Act, or
4because that employee has testified or is about to testify in
5an investigation or proceeding under this Act, is guilty of a
6Class B misdemeanor.
7    (d) It is the duty of the Department of Labor to inquire
8diligently for any violations of this Act, and to institute the
9action for penalties herein provided, and to enforce generally
10the provisions of this Act.
11(Source: P.A. 86-799.)
 
12    (820 ILCS 105/12)  (from Ch. 48, par. 1012)
13    Sec. 12. (a) If any employee is paid by his employer less
14than the wage to which he is entitled under the provisions of
15this Act, the employee may recover in a civil action treble the
16amount of any such underpayments together with costs and such
17reasonable attorney's fees as may be allowed by the Court, and
18damages of 5% 2% of the amount of any such underpayments for
19each month following the date of payment during which such
20underpayments remain unpaid. Any agreement between the
21employee and the employer to work for less than such wage is no
22defense to such action. At the request of the employee or on
23motion of the Director of Labor, the Department of Labor may
24make an assignment of such wage claim in trust for the
25assigning employee and may bring any legal action necessary to

 

 

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1collect such claim, and the employer shall be required to pay
2the costs incurred in collecting such claim. Every such action
3shall be brought within 3 years from the date of the
4underpayment. Such employer shall be liable to the Department
5of Labor for up to 20% of the total employer's underpayment
6where the employer's conduct is proven by a preponderance of
7the evidence to be willful, repeated, or with reckless
8disregard of this Act or any rule adopted under this Act. Such
9employer shall be liable to the Department for an additional
10penalty of $1,500, payable to the Department's Wage Theft
11Enforcement Fund. Such employer shall be additionally liable to
12the employee for damages in the amount of 5% 2% of the amount
13of any such underpayments for each month following the date of
14payment during which such underpayments remain unpaid. These
15penalties and damages may be recovered in a civil action
16brought by the Director of Labor in any circuit court. In any
17such action, the Director of Labor shall be represented by the
18Attorney General.
19    If an employee collects damages of 5% 2% of the amount of
20underpayments as a result of an action brought by the Director
21of Labor, the employee may not also collect those damages in a
22private action brought by the employee for the same violation.
23If an employee collects damages of 5% 2% of the amount of
24underpayments in a private action brought by the employee, the
25employee may not also collect those damages as a result of an
26action brought by the Director of Labor for the same violation.

 

 

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1    (b) If an employee has not collected damages under
2subsection (a) for the same violation, the Director is
3authorized to supervise the payment of the unpaid minimum wages
4and the unpaid overtime compensation owing to any employee or
5employees under Sections 4 and 4a of this Act and may bring any
6legal action necessary to recover the amount of the unpaid
7minimum wages and unpaid overtime compensation and an equal
8additional amount as damages, and the employer shall be
9required to pay the costs incurred in collecting such claim.
10Such employer shall be additionally liable to the Department of
11Labor for up to 20% of the total employer's underpayment where
12the employer's conduct is proven by a preponderance of the
13evidence to be willful, repeated, or with reckless disregard of
14this Act or any rule adopted under this Act. Such employer
15shall be liable to the Department of Labor for an additional
16penalty of $1,500, payable to the Department's Wage Theft
17Enforcement Fund. The action shall be brought within 5 years
18from the date of the failure to pay the wages or compensation.
19Any sums thus recovered by the Director on behalf of an
20employee pursuant to this subsection shall be paid to the
21employee or employees affected. Any sums which, more than one
22year after being thus recovered, the Director is unable to pay
23to an employee shall be deposited into the General Revenue
24Fund.
25(Source: P.A. 94-1025, eff. 7-14-06.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".